HIV law is to deter irresponsible sexual conduct

09 Oct 2007, The Straits Times

Question

Name of the Person: Goh Kian Huat

Amendment to HIV law raises enforcement issues

I REFER to the report, 'Radical approach to tackle spread of Aids' (ST, Sept 29).

Until a cure is found, a person who is infected with the HIV virus is effectively sentenced to death. He or she also has the potential to kill others by passing the deadly virus to them.

Currently, a person who knows he is HIV-positive but does not inform his partner before sex commits an offence.

I fully support the proposed amendment to make it an offence for an HIV-positive person to have sex with another person without telling her of the risk, even if he himself does not know of his HIV status.

However, it will be very difficult to enforce this new legislation. Its effectiveness in serving as a deterrence will only be as good as it can be enforced.

Firstly, if a patient who is diagnosed to be HIV-positive does not complain against her partner, will the Ministry of Health (MOH) look into the case to establish whether her partner had informed her of the risk involved before sex and take the offender to task?

Secondly, all newly-diagnosed HIV cases are required to be reported to MOH. Will MOH look into all these cases to confirm whether the offence of failing to inform the partners of the risk has been committed under the amendment Bill and charge the offenders in court?

How will the case proceed if the victims are unwilling to testify against their spouses or partners?

Thirdly, if the victims are unable to provide details of their partner(s) for investigation - especially in commercial-sex cases or those with multiple partners - how will the offenders be brought to justice?

Fourthly, if the HIV-positive offender, who may or may not know his status, has not informed his partner and has not passed the HIV virus to her, such cases will not be required to be reported to MOH.

If the partner did not complain and there is no evidence, how will MOH take action on this offence that has been committed?

Therefore, while the maximum penalty for such offences may be enhanced from a $10,000 fine and two years' jail to a $50,000 fine and 10 years' jail, its effectiveness will depend on how the enforcement issues are overcome.

Reply

Reply from MOH 

HIV law is to deter irresponsible sexual conduct

Mr Goh Kian Huat supported the proposed legislative amendment to require those with high-risk sexual behaviour to do regular HIV testing, inform their sexual partners and/or use the condoms.  But he felt that it would be difficult to enforce the new law ("Amendment to HIV law raises enforcement issues": ST, 2 Oct 2007).

Indeed, enforcement will be complex and we welcome more feedback on the proposed law.

The fact remains that we live in a HIV prevalent region and we should protect Singaporeans against this infection.  Besides public education, we need to get those who engage in high-risk sexual conduct to be more responsible in protecting their sexual partners.  This is the intent of the proposed law. 

It is not to criminalize HIV-infected individuals, but to deter irresponsible sexual conduct.  Any investigation will be carried out sensitively, but firmly to ascertain the facts of a reported breach.  Legal action will only be pursued if an offence is borne out by the facts.   

But legislation by itself is inadequate to tackle the problem of HIV/AIDS.  Public education and prevention must be the mainstay.  We will intensify our outreach efforts to let people know how their conduct may put them at risk of HIV infection, and how they can better protect themselves and their sexual partners.